On his drive home from work at 11pm, a man swerved to avoid hitting a deer. Although he missed the deer, the man sustained significant injury when he hit a concrete telephone pole that was located 15 feet from the road’s shoulder, at the edge of a woman’s property. The man’s car bounced off the telephone pole and landed on the woman’s property. Due to the impact with the telephone pole, the man suffered concussion, as well as broken cheekbones and a broken nose.
The telephone company recently installed the type of pole that man had hit, because the poles were more cost-effective — the poles were made of concrete, which don’t require the same routine maintenance that wooden poles require. Nevertheless, concrete is harder than wood, which likely caused the man a greater degree of injury.
Is the phone company liable?
A manufacturer of a product is strictly liable for unreasonably dangerous defects in design (as cited in O.C.G.A. §51-1-11(b)(1)) which cause foreseeable damages to users of the products. For the phone company to be liable, the company must possess a feasible alternative that:
- Does not add unreasonable expenses to the product
- Does not inhibit the primary purpose of the product
Because the phone company in the example above could have used wooden telephone phones to bypass the likelihood of harm to drivers who run into the poles. Even though the wooden poles do not possess the same durability as a cement pole, the wooden poles do not detract from the purpose of the telephone pole and are not unduly more expensive. After suffering an injury caused by a defective product, contact a highly skilled Marietta law firm to get guidance through the intricate product liability claim process.
Seek caring assistance from effective Georgia product liability lawyers
By retaining a lawyer from the Nicholson Phillips, you are able to experience first-class representation throughout the negotiation or litigation process. The Marietta office represents clients throughout Fulton County, Cobb County and the surrounding areas who have filed medical malpractice claims.